Broward commissioners say 'no smoking' in county parks, but apparently can't enforce it

Broward County commissioners decided Tuesday to ban smoking in all county parks. But it may not be worth the paint on the “no smoking” signs, since the county may not have the legal authority to enforce such a ban.

It’ll be no more than a suggestion, said Andrew Cuddihy, program director for the American Lung Association region that covers Vero Beach to Key West. “They can pass an ordinance, but it’s going to be a request.”

Still, he urged commissioners to go ahead with the proposed ordinance, championed by Commissioner Sue Gunzburger.

For her part, Gunzburger is convinced her proposal will have the force of law.

“It would be a complete ban. Outside of playgrounds there are families that go and have picnics in the park and families usually have children,” Gunzburger said. “Parks should be a healthy place, and that’s what this is all about.”

Bertha Henry, the county administrator who is tasked with drafting a proposed ordinance to implement what her commissioner-bosses want, said she’s not sure if a no smoking in parks ordinance is legal or enforceable. She said that would be part of her research for a response she’ll bring back to commissioners next year.

Most commissioners were strongly supportive of the idea, and during the discussion at Tuesday’s County Commission meeting, they expanded its scope after Mayor Barbara Sharief said she gets a worse reaction from new e-cigarettes than traditional cigarettes.

As a result, the proposed ban would include them.

Commissioners Dale Holness and Chip LaMarca were skeptical about a smoking ban at all park facilities, given that some are huge places, like Everglades Holiday Park, where people camp and take airboat rides.

Holness wondered if a ban would drive people away from the parks, but Gunzburger said it wouldn’t. People can no longer smoke in restaurants, theaters and airplanes, and people haven’t been driven away, she said.

State Rep. Bill Hager, R-Boca Raton, unsuccessfully pushed for state legislation in this year’s session to allow local governments to ban outdoor smoking at parks and beaches. State Rep. Katie Edwards, D-Plantation, has filed a bill for the 2014 session that would allow local governments to ban smoking on playgrounds in city and county parks.

Commissioners didn’t take a formal vote, but through their consensus told Henry to come back with an ordinance.